Showing posts with label Court. Show all posts
Showing posts with label Court. Show all posts

Monday, March 4, 2024

The Post Insurrection. Part VIII. The tangled web edition.

Oh, what a tangled web we weave when first we practice to deceive.

Sir Walter Scott, Marmion.


January 3, 2024.

Donald Trump's is appealing the ruling of the Secretary of State that Trump cannot stand for election under the 14th Amendment.

January 4, 2024

Trump is now appealing the ruling of the Colorado Supreme Court that he cannot be on Colorado's ballot as he's an insurrectionist. The state's GOP had already filed an appeal.

More properly, this is a petition. The U.S. Supreme Court does not have to take the matter up.

January 6, 2024

The current docket at the Supreme Court on the Trump v. Colorado case:

Jan 03 2024Petition for a writ of certiorari filed. (Response due February 5, 2024)
PetitionCertificate of Word CountProof of Service
Jan 03 2024Brief amici curiae of Senator Steve Daines & National Republican Senatorial Committee filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
Jan 04 2024Letter from counsel for respondent Colorado Republican State Central Committee filed.
Main Document
Jan 04 2024Brief in response to the petition for a writ of certiorari of respondent Norma Anderson, et al. filed.
Main DocumentOtherCertificate of Word CountProof of Service
Jan 05 2024Petition GRANTED. The case is set for oral argument on Thursday, February 8, 2024. Petitioner’s brief on the merits, and any amicus curiae briefs in support or in support of neither party, are to be filed on or before Thursday, January 18, 2024. Respondents’ briefs on the merits, and any amicus curiae briefs in support, are to be filed on or before Wednesday, January 31, 2024. The reply brief, if any, is to be filed on or before 5 p.m., Monday, February 5 2024.
Jan 05 2024Amicus brief of Republican National Committee and National Republican Congressional Committee submitted.
Main DocumentCertificate of Word CountProof of Service
Jan 05 2024Amicus brief of States of Indiana, West Virginia, 25 Other States, and the Arizona Legislature submitted.
Main DocumentCertificate of Word CountProof of Service

January 9, 2024

An actual exchange in a Federal Appellate Court where Trump's claims for immunity were heard today.

Judge:  "I asked you a yes or no question. Could a president who ordered S.E.A.L. Team 6 to assassinate a political rival (and is) not impeached, would he be subject to criminal prosecution?"

Trump attorney says "qualified yes -- if he is impeached and convicted first."

The entire qualified immunity argument is legally infirm in the first place and needs to go.  This will probably help make it go.  Apparently, the judges weren't impressed with Trump's lawyer's arguments at all.

January 19, 2024

A court in Oregon determined Trump can remain on the ballot there.

Trump's lawyers filed their briefs in the Supreme Court case on the 14th Amendment yesterday.

January 27, 2024

E. Jean Carroll was awarded $83.3M in her defamation case against Donald Trump.

This will be appealed and it's likely that it'll actually not be paid in that amount.

February 6, 2024

No immunity.


Of course, who really thought there was?

Unfortunately, the delay in issuing the opinion has resulted in the postponement of the trial originally scheduled for March.

Cont:

Matt Gaetz and Elise Stephanik have co-sponsored a resolution that Donald Trump did not engage in insurrection or rebellion against the United States on January 6, something that clear is an attempt to address the 14th Amendment in that insurrection may be excused under it.

Having said that, a resolution that it didn't occur will not excuse it, and this will not get through the Senate.

February 8, 2024

Based on today's oral arguments, it appears likely that the Supreme Court is not going to disqualify Donald Trump under the 14th Amendment.

February 13, 2024

Defendant Trump is seeking a delay in his election interference trial, hoping to push it past the election, when he'll next hope that he can avoid it while President.

February 16, 2024

Nor really related to the other post insurrection legal woes that Donald Trump faces, his trial related to Stormy Daniel's hush money is set to commence on March 25.

In a more decent era, his payment to Daniels for sex would have ended his political career, but we obviously no longer live in a decent era.

In Georgia, Fulton County District Attorney Fani Willis testified regarding her relationship with the prosecutor assigned in the Georgia RICO action.

In another matter which is tangentially related to Trump's legal woes, House Republican effort to impeach Biden, which are monumentally improper, took a blow when Alexander Smirnov, an FBI informant was charged with fabricating a bribery scheme involving President Biden, his son Hunter and a Ukrainian company, which is what the attempt to impeach him is based on, other than on a desire for revenge.

Cont:

Trump has been found liable in New York in the civil fraud trial in the amount of $364,000,000 and is barred from doing business in New York for three years.

February 23, 2024

Trump's daughter-in-law who is campaigning for appointment to the RNC declared that Republican voters would likely welcome using RNC funds to support his legal battles.

I'd strongly question if this was legal, and frankly it likely opens the RNC up, in my view, to a Rico charge.

February 29, 2024

A Court in Illinois has ruled that Trump is banned from the Illinois ballot under the 14th Amendment, but stayed her decision until Friday in order to give him time to appeal.

The United States Supreme Court will take up Trump's immunity appeal, which will further delay his January 6 trial.  

At this point, I think it highly unlikely that the January 6 trial will be heard this year, which means that it likely won't be heard until 2028, which is s true injustice.

March 4, 2024

And now the Supreme Court has ruled. Trump stays on the ballot, insurrection notwithstanding.

The basis is that Congress hasn't enacted a law to enforce the 14th Amendment and the Court finds it not be a self enacting statute




Secretary of State Gray chimed in:

Secretary Gray Applauds Supreme Court Decision Keeping Trump on Ballot in 2024

     CHEYENNE, WY – On March 4, 2024, the Supreme Court of the United States issued a unanimous decision reversing the Colorado Supreme Court’s December ruling to remove Donald Trump from the ballot in 2024. Wyoming Secretary of State Chuck Gray previously filed an Amicus Curiae brief with the Supreme Court of the United States, arguing that the Supreme Court should reverse the Colorado Supreme Court’s decision to bar Donald Trump from the ballot under Section Three of the Fourteenth Amendment. Secretary Gray’s brief argued that Trump did not engage in an insurrection or rebellion, nor give aid or comfort to the enemies of the United States.

     “I am extremely pleased with the Supreme Court’s decision reversing the Colorado Supreme Court’s repugnant ruling,” Secretary Gray said in a statement. “As Wyoming’s chief election officer, I filed an Amicus brief in January asking the U.S. Supreme Court to reverse Colorado’s outrageously wrong and unprecedented decision. For this, I have been repeatedly attacked by the radical left-wing media, and even members of the Legislature, for my efforts to ensure that Trump will be on the ballot. Today’s unanimous decision keeping Trump on the ballot marks vindication for the truth and for liberty. As Secretary of State, I will continue to fight to ensure the People of Wyoming can choose who to elect for themselves.”

Last Prior Edition:

The Post Insurrection. Part VII. The Insurrectionist.


Related Threads:




Saturday, February 17, 2024

Going Feral: Another lawsuit over wolves.

Going Feral: Another lawsuit over wolves.

Another lawsuit over wolves.

Ten entities intend to sue the U.S. Fish & Wildlife Service for not extending protection for wolves under the Endangered Species Act.




When wolves were first introduced, it was my opinion that wolves themselves would not be a problem in the Rocky Mountain West, but the people who surround them.  

That has proven to be correct.


Thursday, February 15, 2024

Friday, February 15, 1924. Gun fire and back pay.

U.S. Marines landed at Ampala, Honduras, during the Honduran Civil War.

U.S. Senator Frank L. Greene was wounded by a stray bullet when he was walking on Pennsylvanian Avenue in Washington, D. C.  The shot had been fired in a shootout between bootleggers and Federal agents.  He never fully recovered.

The jury in Joe Jackson's case against the White Sox awarded him $16,000 in back pay.   The Judge, however, decreed that the award was based on perjured testimony and set the verdict aside.  Jackson nonetheless felt himself vindicated.

German emergency powers, which had existed since December 8, lapsed, returning the government to its normal procedures.

Tuesday, February 13, 2024

Wednesday, February 13, 1924. When We Were Very Young and corruption.


Winnie the Pooh debuted as Mr. Edward Bear in the pages of Punch. The work was When We Were Very Young.

Congress decided to try to regulate the employment of very young labor.

H. J. Res. 184, A Bill to Limit, Regulate, and Prohibit the Labor of Persons Under Eighteen Years of Age, 2/13/1924

And this in the form of a Constitutional Amendment called the Child Labor Amendment.

It would pass Congress, but it failed to secure the necessary state ratification.  Most of its provisions were later incorporated into law in any event.  It'd likely be regarded as obsolete today, and the fact that the same provisions were adopted by law provides a lesson to later day supporters of the moribund ERA.  Having said that, recent runs at child labor by some members of the GOP provide a bit of a lesson as well.



German nationalist attacked the headquarters of Rhineland separatists in Pimassens. Thirty-six  people were killed in the event.


Emblem of the British Fascisti.  Note the call to traditionalism, patriotism, and religion. By MrPenguin20 - Own work. Based on emblem visible here., CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=36730872


British fascists met at the Hotel Cecil in London.

Felsch in 1919.

Former Chicago White House outfielder Oscar "Happy" Felsch was arrested for perjury, following his prior day's testimony in Shoeless Joe Jackson's back wages trial.  White Sox lawyers in the intervening 24 hours produced letters that contradicted Felsch's testimony.

Wednesday, January 31, 2024

Wednesday January 31, 1924. Teapot Dome drama continues, Shoeless Joe testifies.


More drama over Teapot Dome.  The U.S. Senate declared that eases to the Mammoth Oil Company and the Pan American Petroleum Company "were executed under circumstances indicating fraud and corruption".

Speaking of a fraud; the first Soviet Constitution was approved.  It'd be amended six times before being replaced with a new constitution in 1936.  It stated:
The Russian Socialist Federal Soviet Republic, the Socialist Soviet Republic of Ukraine, the Socialist Soviet Republic of White Russia, and the Socialist Soviet Republic of Transcaucasia (including the Socialist Soviet Republic of Azerbaijan, the Socialist Soviet Republic of Georgia, and the Socialist Soviet Republic of Armenia) –unite themselves in one federal State–“The Union of Socialist Soviet Republics.” [Amended April 18, 1925, “so as to include the Socialist Republic of Turkmenia and the Uzbek Socialist Republic.”]

Chapter I. Attributions of the Supreme Organs of Power of the Union

ARTICLE 1. The Union of Socialist Soviet Republics through its supreme organs has the following powers:

(a) To represent the Union in its international relations; to conclude all diplomatic relations; to conclude treaties, political and otherwise, with other States;
(b) To modify the exterior frontiers of the Union, as well as to regulate questions concerning the modification of frontiers between the member Republics;
(c) To conclude treaties concerning the reception of new Republics into the Union;
(d) To declare war and to conclude peace;
(e) To conclude internal and external loans of the Union and to authorize internal and external loans of the member Republics;
(f) To ratify international treaties;
(g) To direct commerce with foreign countries and to determine the system of internal commerce;
(h) To establish the bases and the general plan of all national economy of the Union; to define the domains of industry and industrial enterprises that are of federal interest; to conclude treaties of concession both federal and in the name of the member Republics;
(i) To direct transportation and the postal and telegraphic services;
(j) To organize and direct the armed forces of the Union;
(k) To approve the budget of the Federal State which includes the budgets of the member Republics; to establish duties and federal revenues, making additions and reductions in order to balance the member Republics’ budgets; to authorize duties and supplementary taxes to meet the member Republics’ budgets;
(l) To establish a uniform system of money and credit;
(m) To establish general principles of exploitation and use of the earth, as well as those of the subsoil, the forests, and the waters of the territories of the Union;
(n) To establish federal legislation on the emigration from the territory of one of the Republics to the territory of another and to set up a fund for such emigration;
(o) To establish principles of the judicial organization and procedure, as well as civil and criminal legislation for the Union;
(p) To establish the fundamental laws regarding work;
(q) To establish the general principles regarding public instruction;
(r) To establish the general measures regarding public hygiene;
(s) To establish a standard system of weights and measures;
(t) To organize federal statistics;
(u) To fix the fundamental legislation regarding federal nationality, with reference to the rights of foreigners;
(v) To exercise the right of amnesty in all territories of the Union;
(w) To abrogate the acts of the Congresses of the Soviets and the Central Executive Committees of the member Republics contrary to the present Constitution;
(x) To arbitrate litigious questions between the member Republics.

ARTICLE 2. The approval and modification of the fundamental principles of the present Constitution belong exclusively to the Congress of Soviets of the Union of Socialist Soviet Republics.

Chapter II. Sovereign Rights of the Member Republics

ARTICLE 3. The Sovereignty of the member Republics is limited only in the matters indicated in the present Constitution, as coming within the competence of the Union. Outside of those limits, each member Republic exerts its public powers independently; the USSR protects the rights of member Republics.

ARTICLE 4. Each one of the member Republics retains the right to freely withdraw from the union.

ARTICLE 5. The member Republics will make changes in their Constitutions to conform with the present Constitution.

ARTICLE 6. The territory of the member Republics cannot be modified without their consent; also, any limitation or modification or suppression of Article 4 must have the approval of all the member Republics of the Union.

ARTICLE 7. Just one federal nationality is established for the citizens of the member Republics.

Chapter III. Congress of Soviets of the Union

ARTICLE 8. The supreme organ of power of the USSR is the Congress of Soviets, and, in the recesses of the Congress of Soviets–the Central Executive Committee of the USSR which is composed of the Federal Soviet and the Soviet of Nationalities.

ARTICLE 9. The Congress of Soviets of the USSR is composed of representatives of the urban Soviets and of the Soviets of the urban type, on the basis of one deputy per 25,000 electors, and of representatives of the Congresses of Soviets of the rural districts on the basis of one deputy per 125,000 inhabitants.

ARTICLE 10. The delegates to the Congress of the Soviets of the USSR are elected in the Congresses of Soviets of the rural and urban governments. In the Republics where there does not exist a rural division, the delegates are elected directly to the Congress of Soviets of the respective Republic.

ARTICLE 11. Regular sessions of the Congress of the Soviets of the USSR are convoked by the Central Executive Committee of the Union once yearly; extraordinary sessions may be convoked on decision of the CEC (Central Executive Committee), or on the demand of the Federal Soviet, or of the Soviet of Nationalities, or on the demand of two member Republics.

ARTICLE 12. In cases where extraordinary circumstances interfere with the meeting of the Congress of Soviets of the USSR on the date set, the CEC of the Union has the power to adjourn the meeting of Congress.

Chapter IV. The Central Executive Committee of the Union

ARTICLE 13. The Central Executive Committee (CEC) of the USSR is composed of the Federal Soviet and the Soviet of Nationalities.

ARTICLE 14. The Congress of Soviets of the USSR elects the Federal Soviet from among the representatives of the member Republics in proportion to the population of each one to make a grand total of 371 members.

ARTICLE 15. The Soviet of Nationalities is composed of representatives of the member Republics and associated autonomous Republics of the RSFSR on the basis of five representatives for each member Republic, and one representative for each associated autonomous Republic. The composition of the Soviet of Nationalities in its entirety is approved by the Congress of the USSR.

(The autonomous Republics of Adzharia, and Abkhazia and the autonomous region of Ossetia, each send a representative to the Soviet of Nationalities.)

ARTICLE 16. The Federal Soviet and the Soviet of Nationalities examine all decrees, codes, and acts that are presented to them by the Presidium of the CEC and by the Council of People’s Commissars of the USSR, by the different Commissions of the People of the Union, by the CEC of the member Republics, as well as those that owe their origin to the Federal Soviet and the Soviet of Nationalities.

ARTICLE 17. The CEC of the Union publishes the codes, decrees, acts, and ordinances; orders the work of legislation and administration of the USSR, and -defines the sphere of activity of the Presidium of the CEC and of the Council of People’s Commissars of the USSR

ARTICLE 18. All decrees and acts defining the general rules of the political and economic life of the USSR, or making radical modifications in the existing practices of public organs of the USSR must obligatorily be submitted for examination and approval to the CEC of the USSR

ARTICLE 19. All decrees, acts, and ordinances promulgated by the CEC must be immediately put into force throughout all the territory of the USSR

ARTICLE 20. The CEC of the USSR has the right to suspend or abrogate the decrees, acts, and orders of the Presidium of the CEC of the USSR, as well as those of the Congress of Soviets and of the CEC of the Member Republics, and all other organs of power throughout the territory of the USSR

ARTICLE 21. The ordinary sessions of the CEC of the USSR are convoked by the Presidium of the CEC three times yearly. The extraordinary sessions are convoked by the Presidium of the CEC of the USSR on the demand of the Presidium of the Federal Soviet of the Presidium of the Soviet nationalities, and also on demand of one of the CEC of the member Republics.

ARTICLE 22. The projects of law submitted for examination to the CEC of the USSR do not have the force of law until adopted by the Federal Soviet and by the Soviet of Nationalities; they are published in the name of the CEC of the USSR

ARTICLE 23. In case of disagreement between the Federal Soviet and the Soviet of Nationalities, the question is transmitted to a compromise committee chosen by the two of them.

ARTICLE 24. If an accord is not reached by the compromise committee, the question is transferred for examination to a joint meeting of the Federal Soviet and the Soviet of Nationalities; and, if neither the Federal Soviet nor the Soviet of Nationalities get a majority, then the question may be submitted, on the demand of one of these organs to the decision of an ordinary or extraordinary Congress of the USSR

ARTICLE 25. The Federal Soviet and the Soviet of Nationalities elect for the preparation of their sessions and the direction of their work- -their Presidiums, composed of seven members each.

ARTICLE 26. Between sessions of the CEC of the USSR, the supreme organ of power is the Presidium of the USSR, constituted by the CEC to the extent of 21 members, including the Presidium of the Federal Soviet and the Presidium of the Soviet of Nationalities.

To form the Presidium of the CEC and the Council of People’s Commissars of the USSR, conforming to Articles 26 and 37 of the present Constitution, joint sessions of the Federal Soviet and of the Soviet of Nationalities are convoked. In the joint session of the Federal Soviet and the Soviet of Nationalities, the vote is taken separately within each group.

ARTICLE 27. The CEC elects, in accordance with the number of member Republics, 4 Presidents of the CEC of the USSR from among the members of the Presidium of the CEC of the USSR

ARTICLE 28. The CEC of the USSR is responsible before the Congress of Soviets of the USSR

Chapter V. The Presidium of the CEC of the Union

ARTICLE 29. Between sessions of the CEC of the USSR, the Presidium of the CEC of the USSR is the supreme organ of legislative, executive, and administrative power of the USSR

ARTICLE 30. The Presidium of the CEC of the USSR oversees the enforcement of the Constitution of the USSR and the execution of all decisions of the Congress of Soviets and the CEC of the USSR by all the public agents.

ARTICLE 31. The Presidium of the CEC of the USSR has the right to suspend and abrogate the orders of the Council of People’s Commissars and of the different Councils of the People of the Union of the S. S. R. as well as those of the CEC and CPC (Councils of People’s Commissars) of the member Republics.

ARTICLE 32. The Presidium of the CEC of the USSR has the right to suspend the acts of the Congresses of Soviets of the member Republics submitting afterwards these acts for the examination and approval of the CEC of the USSR

ARTICLE 33. The Presidium of the CEC of the USSR promulgates the decrees, acts, and orders; examines and approves the projects of decrees and acts deposited by the CPC, by the different authorities of the USSR, by the CEC of the member Republics, by their Presidiums and by other organs of power.

ARTICLE 34. The decrees and decisions of the CEC, of its Presidium, and the CPC of the USSR are printed in the languages generally employed in the member Republics: Russian, Ukrainian, White Russian, Georgian, Armenian, Turko-Tartar.

ARTICLE 35. The Presidium of the CEC of the USSR decides questions regarding the relationships between the CPC of the USSR and the People’s Commissars of the USSR, for one part and the CEC of the member Republics and their Presidiums, for the second part.

ARTICLE 36. The Presidium of the CEC of the USSR is responsible before the CEC of the USSR

Chapter VI. Council of People’s Commissars of the Union

ARTICLE 37. The Council of People’s Commissars (CPC) of the USSR is the executive and administrative organ of the CEC of the USSR and is constituted by the CEC as follows:

(a) The President of the Council of People’s Commissars of the USSR,
(b) The Vice- Presidents, (c) The Commissioner of the People for Foreign Affairs,
(d) The Commissioner of the People for Military and Naval Affairs,
(e) The Commissioner of the People for Foreign Commerce, (f) The Commissioner of the People for Ways of Communication,
(g) The Commissioner of the People for Postal and Telegraphic Service,
(h) The Commissioner of the People for the Inspection of Workers and Peasants,
(i) The President of the Supreme Council of National Economy,
(j) The Commissioner of the People for Labor,
(k) The Commissioner of the People for Finances
(l) The Commissioner of the People for Supplies.

ARTICLE 38. The Council of People’s Commissars of the USSR, in the limits of the powers granted to it by the CEC of the USSR and on the basis of rules regulating the CPC of the USSR, publishes the decrees and decisions that must become effective throughout the territory of the USSR

ARTICLE 39. The CPC of the USSR examines the decrees and decisions given it by the various Commissions of the People as well as those from the CEC of the member Republics and by their Presidiums.

ARTICLE 40. The CPC of the USSR is responsible for all its work before the CEC of the USSR and before its Presidium.

ARTICLE 4 1. The orders and acts of the CPC of the USSR may be suspended and abrogated by the CEC of the USSR and by its Presidium.

ARTICLE 42. The Central Executive Committees of the member Republics and their Presidiums may object to the decrees and orders of the CPC of the USSR to the Presidium of the CEC of the USSR, without suspending the execution of these orders.

Chapter VII. The Supreme Court of the Union

ARTICLE 43. In order to maintain revolutionary legality within the territory of the USSR, a Supreme Court under the jurisdiction of the CEC of the USSR is established, competent:

(a) To give the Supreme Courts of the member Republics the authentic interpretations on questions of federal legislation;
(b) To examine, on the request of the Prosecutor of the Supreme Court of the USSR, the decrees, decisions, and verdicts of the Supreme Courts of the member Republics, with view of discovering any infraction of the federal laws, or harming the interests of other Republics, and if such be discovered to bring them before the CEC of the USSR
(c) To render decisions on the request of the CEC of the USSR, as to the constitutionality of laws passed by the member Republics;
(d) To settle legal disputes between the member Republics;
(e) To examine the accusations brought before it of high officials against whom charges have been made relative to their performance of duties.

ARTICLE 44. The Supreme Court performs its functions in the following manner:

(a) With a full attendance of the member judges of the Supreme Court of the USSR;
(b) Or, in a meeting of the Civil Judiciary College and the Criminal Judiciary College of the Supreme Court of the USSR;
(c) Or, in a meeting of the Military College.

ARTICLE 45. The Supreme Court of the USSR, in full session, is composed of 11 members, 6 including its President and Vice-President, the four Presidents of the Supreme Courts of the member Republics, and a representative of the Unified Political Administration of the State of the USSR, the President and the Vice-President and the other five members are named by the Presidium of the CEC of the USSR

ARTICLE 46. The Prosecutor of the Supreme Court of the USSR and his assistant are named by the Presidium of the CEC of the USSR The Prosecutor of the Supreme Court of the USSR is charged with the duties; (1) to give the decisions of all questions in the jurisdiction of the Supreme Court of the USSR, (2) to prosecute the cases brought before the Court, (3) and, in cases of lack of agreement among the judges of the Supreme Court of the USSR, to bring these questions of dispute before the Presidium of the CEC of the S. S. R.

ARTICLE 47. The right to submit the questions referred to in Article 43 to the Supreme Court of the USSR for examination belongs exclusively to the CEC of the USSR, to its Presidium, to the Prosecutor of the Supreme Courts of the member Republics, and to the Unified Political Administration of the State of the USSR

ARTICLE 48. The regular sessions of the Supreme Court of the USSR constitute the special legal chambers to examine:

(a) The civil and criminal affairs of exceptional importance that are of interest to two or more member Republics;
(b) Personal charges against members of the CEC and the CPC of the USSR

A decision of the Supreme Court of the USSR to proceed to examine a case may take place only after special authority has been granted for each case by the CEC of the Union or its Presidium.

Chapter VIII. People’s Commissars of the Union

ARTICLE 49. For the immediate direction of the several branches of public administration, attributed to the CPC of the Union of the SSR, 10 People’s Commissars are created as mentioned in Article 37 of the Present Constitution and who act according to the regulations of the People’s Commissars approved by the CEC of the Union of the SSR

ARTICLE 50. The People’s Commissars of the USSR are divided into the following groups:

(a) People’s Commissars handling strictly federal matters of the USSR that are external in character;
(b) People’s Commissars handling matters that are purely domestic in character.

ARTICLE 51. The first group of Commissars handling matters external in character includes the following People’s Commissars:

(a) For Foreign Affairs
(b) For Military and Naval Affairs
(c) For Foreign Commerce
(d) For Ways of Communication
(e) For Postal and Telegraphic Service

ARTICLE 52. The second group handling matters that are strictly domestic in character includes the following People’s Commissars:

(a) The Council of National Economy
(b) For Supplies,
(c) For Labor
(d) For Finances,
(e) For the Inspection of Workers and Peasants.

ARTICLE 53. The People’s Commissars handling matters of purely external character have, in the various member Republics, their delegates directly subordinate to these Commissars.

ARTICLE 54. The People’s Commissars handling matters of domestic concern have, as executing organs in the various member Republics, the People’s Commissars of these Republics of similar title.

ARTICLE 55. The CPC of the USSR, including the individual Commissars, are the heads of the various departments mentioned.

ARTICLE 56. Under each Commissioner of the People, and under his presidency, is formed a college, of which the members are named by the CPC of the USSR

ARTICLE 57. The Commissioner of the People has the right to personally take decisions on all questions that come within the jurisdiction of his department, on advising the College of his department of his act. In case of disagreement on any decision of the Commissioner of the People, the College, or its members separately, may bring the dispute before the CPC of the USSR, without suspending the act of the Commissioner.

ARTICLE 58. The orders of the different People’s Commissars of the Union may be abrogated by the Presidium of the CEC and by the CPC of the USSR

ARTICLE 59. The orders of the People’s Commissars of the USSR may be suspended by the CEC or by the Presidiums of the CEC of the member Republic in case of evident incompatibility of these orders with the Federal Constitution, with federal legislation or with legislation of the member Republic. This suspension is immediately communicated by the CEC or by the Presidiums of the CEC of the member Republics to the CPC of the USSR and to the proper Commissioner of the People of the USSR

ARTICLE 60. The People’s Commissars of the USSR are responsible before the CPC, the CEC of the USSR and its Presidium.

Chapter IX. The Unified Political Administration of State

ARTICLE 61. In view of unifying the revolutionary efforts of the member Republics in their struggle against the political and economic counter-revolution, spying and banditry, there shall be created under the jurisdiction of the CPC of the USSR, a Unified Political Administration of State (GPU) of which the President shall be a consulting member of the CPC of the USSR

ARTICLE 62. The GPU of the USSR directs the activities of the local organs of GPU through its delegates under the jurisdiction of the CPC of the member Republics, acting in virtue of a special ruling sanctioned through legislative channels.

ARTICLE 63. The overseeing of acts of the GPU as to their legality shall be in charge of the Prosecutor of the Supreme Court of the USSR in virtue of a special ruling of the CEC of the USSR

Chapter X. The Member Republics

ARTICLE 64. Within the limits of the territory of each member Republic the supreme organ of power is the Congress of Soviets of the Republic, and in Congressional recesses, its Central Executive Committee.

ARTICLE 65. The relations between the supreme organs of power of the member Republics and the supreme organs of power of the USSR are established by the present Constitution.

ARTICLE 66. The CEC of the member Republics elect from among their own membership the Presidiums that in the recesses between sessions of the CEC are the Supreme organs of power.

ARTICLE 67. The CEC of the member Republics will form their executive organs–the Councils of People’s Commissars, as follows:

(a) The President of the Council of People’s Commissars,
(b) The Vice- Presidents.
(c) The President of the Supreme Council for National Economy,
(d) The Commissioner of the People for Agriculture, (e) The Commissioner of the People for Finances
(f) The Commissioner of the People for Supplies, (g) The Commissioner of the People for Labor
(h) The Commissioner of the People for the Interior, (i) The Commissioner of the People for Justice,
(j) The Commissioner of the People for the Inspection of the Workers and Peasants,
(k) The Commissioner of the People for Public Instruction, (l) The Commissioner of the People for Public Health
(m) The Commissioner of the People for Social Precaution, and in addition, and with a voice either consultative or deliberative, according to the decision of the CEC of the member Republics, Delegates of the People’s Commissars of the USSR for Foreign Affairs, for Military and Naval Affairs, for Foreign Commerce, for Ways of Communication, for Postal and Telegraphic Service.

ARTICLE 68. The Supreme Council of National Economy and the Commissars of Supplies, of Finances, of Labor, ‘of the Inspection of Workers and Peasants of the member Republics, while being subordinate to the CEC and CPC of the member Republics, will execute the orders of the CPC of the USSR

ARTICLE 69. The right of amnesty, as well as the right of pardon and the rehabilitation of citizens condemned by the judicial and administrative organs of the member Republics belongs to the CEC of these Republics.

Chapter XI. Arms, Flag and Capital of the Union

ARTICLE 70. The insignia of the State of the USSR is composed of a sickle and a hammer on an earthly globe, surrounded by sun rays and framed with wheat stalks, with an inscription in the six languages mentioned in Article 34: “Proletarians of all countries, unite!” Above the insignia, there shall be a five pointed star.

ARTICLE 71. The flag of the State of the USSR shall be in red or vermilion cloth with the arms of the Union.

ARTICLE 72. The Capital of the USSR is Moscow.

Joe Jackson called White Sox owner Charles Cominskey as a hostile witness in his trial for back wages.

Prussian state executioner Paul Spaethe, whose wife had died 24 days prior, lit 45 candles for the 45 people he had executed and then committed suicide.

Sunday, January 28, 2024

January 28, 2014. The Hill decision.


Wyoming History in the Making: January 28, 2014 Wyoming S.Ct finds for Hill, 3-2

In a 3 to 2 decision, with a blistering dissent, the Wyoming Supreme Court struck down the decision restructuring the state Dapartment of Education in 2014WY15.pdf.

While Hill has, not without justification, declared this to be a victory, it isn't as complete as Hill may like to believe.  the Casper Star Tribune has come out urging the Legislature to try again, stating:
Now, Hill can not and must not be off the legislative agenda for the
session. Legislators, it's time to get to work. It's time to craft a
bill that can keeps Cindy Hill away from the Education Department -- one
that will survive a Supreme Court review.
The Supreme Court's
decision is not the victory Hill or her supporters pretend it is. By a
one-vote margin (and with a stinging dissent) the court left wide
latitude for the Legislature to write -- and narrow, even -- the job
description of the superintendent. It essentially said lawmakers went
too far with Senate File 104, the legislation that stripped Hill of most
of her powers, and said lawmakers broke the constitutional requirement
that demands the superintendent have "general supervision of the public
schools."
The Tribune further stated:
Cindy Hill has proven she's not not a good leader. She proven it time
and again in her short term as head of the department, as evidenced by
the number of employees who left rather than deal with Hill.
Her
return to the Department of Education is bad for the department, bad for
Wyoming education, and hence bad for Wyoming's children.
The Constitutionality of the Legislature's statute always seemed questionable to me, which doesn't say anything about Hill one way or another.  As for Hill, the Legislature recently undertook hearings on her conduct in which employees of the Department of Education testified against her, and the Legislature is considering impeaching her.  Employees of the department are now justifiably concerned over what her return means.  Hill is running for governor in an almost certainly doomed quixotic bid for that office.  This reprieve, while perhaps brief, gives her the opportunity to show that she can effectively and rationally run this office, but it will require her to have much different personal leadership behavior than she had before.

Right about the time that Wyoming's politics really started to become peculiar with populist influence.


President Obama, a central figure in that evolution, in that his Presidency helped ignite some dark latent forces in the American electorate in reaction, delivered his State of the Union address:
Mr. Speaker, Mr. Vice President, Members of Congress, my fellow Americans:

Today in America, a teacher spent extra time with a student who needed it, and did her part to lift America’s graduation rate to its highest level in more than three decades.

An entrepreneur flipped on the lights in her tech startup, and did her part to add to the more than eight million new jobs our businesses have created over the past four years. 

An autoworker fine-tuned some of the best, most fuel-efficient cars in the world, and did his part to help America wean itself off foreign oil.

A farmer prepared for the spring after the strongest five-year stretch of farm exports in our history.  A rural doctor gave a young child the first prescription to treat asthma that his mother could afford.  A man took the bus home from the graveyard shift, bone-tired but dreaming big dreams for his son.  And in tight-knit communities across America, fathers and mothers will tuck in their kids, put an arm around their spouse, remember fallen comrades, and give thanks for being home from a war that, after twelve long years, is finally coming to an end.

Tonight, this chamber speaks with one voice to the people we represent: it is you, our citizens, who make the state of our union strong.

Here are the results of your efforts:  The lowest unemployment rate in over five years.  A rebounding housing market.  A manufacturing sector that’s adding jobs for the first time since the 1990s.  More oil produced at home than we buy from the rest of the world – the first time that’s happened in nearly twenty years.  Our deficits – cut by more than half.  And for the first time in over a decade, business leaders around the world have declared that China is no longer the world’s number one place to invest; America is.

That’s why I believe this can be a breakthrough year for America.  After five years of grit and determined effort, the United States is better-positioned for the 21st century than any other nation on Earth.

The question for everyone in this chamber, running through every decision we make this year, is whether we are going to help or hinder this progress.  For several years now, this town has been consumed by a rancorous argument over the proper size of the federal government.  It’s an important debate – one that dates back to our very founding.  But when that debate prevents us from carrying out even the most basic functions of our democracy – when our differences shut down government or threaten the full faith and credit of the United States – then we are not doing right by the American people.

As President, I’m committed to making Washington work better, and rebuilding the trust of the people who sent us here.  I believe most of you are, too.  Last month, thanks to the work of Democrats and Republicans, this Congress finally produced a budget that undoes some of last year’s severe cuts to priorities like education.  Nobody got everything they wanted, and we can still do more to invest in this country’s future while bringing down our deficit in a balanced way.  But the budget compromise should leave us freer to focus on creating new jobs, not creating new crises.

In the coming months, let’s see where else we can make progress together.  Let’s make this a year of action.  That’s what most Americans want – for all of us in this chamber to focus on their lives, their hopes, their aspirations.  And what I believe unites the people of this nation, regardless of race or region or party, young or old, rich or poor, is the simple, profound belief in opportunity for all – the notion that if you work hard and take responsibility, you can get ahead.

Let’s face it: that belief has suffered some serious blows.  Over more than three decades, even before the Great Recession hit, massive shifts in technology and global competition had eliminated a lot of good, middle-class jobs, and weakened the economic foundations that families depend on.

Today, after four years of economic growth, corporate profits and stock prices have rarely been higher, and those at the top have never done better.  But average wages have barely budged.  Inequality has deepened.  Upward mobility has stalled.  The cold, hard fact is that even in the midst of recovery, too many Americans are working more than ever just to get by – let alone get ahead.  And too many still aren’t working at all.

Our job is to reverse these trends.  It won’t happen right away, and we won’t agree on everything.  But what I offer tonight is a set of concrete, practical proposals to speed up growth, strengthen the middle class, and build new ladders of opportunity into the middle class.  Some require Congressional action, and I’m eager to work with all of you.  But America does not stand still – and neither will I.  So wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do. 

As usual, our First Lady sets a good example.  Michelle’s Let’s Move partnership with schools, businesses, and local leaders has helped bring down childhood obesity rates for the first time in thirty years – an achievement that will improve lives and reduce health care costs for decades to come.  The Joining Forces alliance that Michelle and Jill Biden launched has already encouraged employers to hire or train nearly 400,000 veterans and military spouses.  Taking a page from that playbook, the White House just organized a College Opportunity Summit where already, 150 universities, businesses, and nonprofits have made concrete commitments to reduce inequality in access to higher education – and help every hardworking kid go to college and succeed when they get to campus.  Across the country, we’re partnering with mayors, governors, and state legislatures on issues from homelessness to marriage equality.

The point is, there are millions of Americans outside Washington who are tired of stale political arguments, and are moving this country forward.  They believe, and I believe, that here in America, our success should depend not on accident of birth, but the strength of our work ethic and the scope of our dreams.  That’s what drew our forebears here.  It’s how the daughter of a factory worker is CEO of America’s largest automaker; how the son of a barkeeper is Speaker of the House; how the son of a single mom can be President of the greatest nation on Earth. 

Opportunity is who we are.  And the defining project of our generation is to restore that promise.

We know where to start: the best measure of opportunity is access to a good job.  With the economy picking up speed, companies say they intend to hire more people this year.  And over half of big manufacturers say they’re thinking of insourcing jobs from abroad.

So let’s make that decision easier for more companies.  Both Democrats and Republicans have argued that our tax code is riddled with wasteful, complicated loopholes that punish businesses investing here, and reward companies that keep profits abroad.  Let’s flip that equation.  Let’s work together to close those loopholes, end those incentives to ship jobs overseas, and lower tax rates for businesses that create jobs here at home.

Moreover, we can take the money we save with this transition to tax reform to create jobs rebuilding our roads, upgrading our ports, unclogging our commutes – because in today’s global economy, first-class jobs gravitate to first-class infrastructure.  We’ll need Congress to protect more than three million jobs by finishing transportation and waterways bills this summer.  But I will act on my own to slash bureaucracy and streamline the permitting process for key projects, so we can get more construction workers on the job as fast as possible.

We also have the chance, right now, to beat other countries in the race for the next wave of high-tech manufacturing jobs.  My administration has launched two hubs for high-tech manufacturing in Raleigh and Youngstown, where we’ve connected businesses to research universities that can help America lead the world in advanced technologies.  Tonight, I’m announcing we’ll launch six more this year.  Bipartisan bills in both houses could double the number of these hubs and the jobs they create.  So get those bills to my desk and put more Americans back to work.

Let’s do more to help the entrepreneurs and small business owners who create most new jobs in America.  Over the past five years, my administration has made more loans to small business owners than any other.  And when ninety-eight percent of our exporters are small businesses, new trade partnerships with Europe and the Asia-Pacific will help them create more jobs.  We need to work together on tools like bipartisan trade promotion authority to protect our workers, protect our environment, and open new markets to new goods stamped “Made in the USA.”  China and Europe aren’t standing on the sidelines.  Neither should we.

We know that the nation that goes all-in on innovation today will own the global economy tomorrow.  This is an edge America cannot surrender.  Federally-funded research helped lead to the ideas and inventions behind Google and smartphones.  That’s why Congress should undo the damage done by last year’s cuts to basic research so we can unleash the next great American discovery – whether it’s vaccines that stay ahead of drug-resistant bacteria, or paper-thin material that’s stronger than steel.  And let’s pass a patent reform bill that allows our businesses to stay focused on innovation, not costly, needless litigation.

Now, one of the biggest factors in bringing more jobs back is our commitment to American energy.  The all-of-the-above energy strategy I announced a few years ago is working, and today, America is closer to energy independence than we’ve been in decades.

One of the reasons why is natural gas – if extracted safely, it’s the bridge fuel that can power our economy with less of the carbon pollution that causes climate change.  Businesses plan to invest almost $100 billion in new factories that use natural gas.  I’ll cut red tape to help states get those factories built, and this Congress can help by putting people to work building fueling stations that shift more cars and trucks from foreign oil to American natural gas.  My administration will keep working with the industry to sustain production and job growth while strengthening protection of our air, our water, and our communities.  And while we’re at it, I’ll use my authority to protect more of our pristine federal lands for future generations.

It’s not just oil and natural gas production that’s booming; we’re becoming a global leader in solar, too.  Every four minutes, another American home or business goes solar; every panel pounded into place by a worker whose job can’t be outsourced.  Let’s continue that progress with a smarter tax policy that stops giving $4 billion a year to fossil fuel industries that don’t need it, so that we can invest more in fuels of the future that do.

And even as we’ve increased energy production, we’ve partnered with businesses, builders, and local communities to reduce the energy we consume.  When we rescued our automakers, for example, we worked with them to set higher fuel efficiency standards for our cars.  In the coming months, I’ll build on that success by setting new standards for our trucks, so we can keep driving down oil imports and what we pay at the pump.

Taken together, our energy policy is creating jobs and leading to a cleaner, safer planet.  Over the past eight years, the United States has reduced our total carbon pollution more than any other nation on Earth.  But we have to act with more urgency – because a changing climate is already harming western communities struggling with drought, and coastal cities dealing with floods.  That’s why I directed my administration to work with states, utilities, and others to set new standards on the amount of carbon pollution our power plants are allowed to dump into the air.  The shift to a cleaner energy economy won’t happen overnight, and it will require tough choices along the way.  But the debate is settled.  Climate change is a fact.  And when our children’s children look us in the eye and ask if we did all we could to leave them a safer, more stable world, with new sources of energy, I want us to be able to say yes, we did.

Finally, if we are serious about economic growth, it is time to heed the call of business leaders, labor leaders, faith leaders, and law enforcement – and fix our broken immigration system.  Republicans and Democrats in the Senate have acted.  I know that members of both parties in the House want to do the same.  Independent economists say immigration reform will grow our economy and shrink our deficits by almost $1 trillion in the next two decades.  And for good reason: when people come here to fulfill their dreams – to study, invent, and contribute to our culture – they make our country a more attractive place for businesses to locate and create jobs for everyone.  So let’s get immigration reform done this year.

The ideas I’ve outlined so far can speed up growth and create more jobs.  But in this rapidly-changing economy, we have to make sure that every American has the skills to fill those jobs.

The good news is, we know how to do it.  Two years ago, as the auto industry came roaring back, Andra Rush opened up a manufacturing firm in Detroit.  She knew that Ford needed parts for the best-selling truck in America, and she knew how to make them.  She just needed the workforce.  So she dialed up what we call an American Job Center – places where folks can walk in to get the help or training they need to find a new job, or better job.  She was flooded with new workers.  And today, Detroit Manufacturing Systems has more than 700 employees.

What Andra and her employees experienced is how it should be for every employer – and every job seeker.  So tonight, I’ve asked Vice President Biden to lead an across-the-board reform of America’s training programs to make sure they have one mission: train Americans with the skills employers need, and match them to good jobs that need to be filled right now.  That means more on-the-job training, and more apprenticeships that set a young worker on an upward trajectory for life.  It means connecting companies to community colleges that can help design training to fill their specific needs.  And if Congress wants to help, you can concentrate funding on proven programs that connect more ready-to-work Americans with ready-to-be-filled jobs.

I’m also convinced we can help Americans return to the workforce faster by reforming unemployment insurance so that it’s more effective in today’s economy.  But first, this Congress needs to restore the unemployment insurance you just let expire for 1.6 million people.

Let me tell you why.

Misty DeMars is a mother of two young boys. She’d been steadily employed since she was a teenager.  She put herself through college.  She’d never collected unemployment benefits.  In May, she and her husband used their life savings to buy their first home.  A week later, budget cuts claimed the job she loved.  Last month, when their unemployment insurance was cut off, she sat down and wrote me a letter – the kind I get every day.  “We are the face of the unemployment crisis,” she wrote.  “I am not dependent on the government…Our country depends on people like us who build careers, contribute to society…care about our neighbors…I am confident that in time I will find a job…I will pay my taxes, and we will raise our children in their own home in the community we love.  Please give us this chance.”

Congress, give these hardworking, responsible Americans that chance.  They need our help, but more important, this country needs them in the game.  That’s why I’ve been asking CEOs to give more long-term unemployed workers a fair shot at that new job and new chance to support their families; this week, many will come to the White House to make that commitment real.  Tonight, I ask every business leader in America to join us and to do the same – because we are stronger when America fields a full team. 

Of course, it’s not enough to train today’s workforce.  We also have to prepare tomorrow’s workforce, by guaranteeing every child access to a world-class education.

Estiven Rodriguez couldn’t speak a word of English when he moved to New York City at age nine.  But last month, thanks to the support of great teachers and an innovative tutoring program, he led a march of his classmates – through a crowd of cheering parents and neighbors – from their high school to the post office, where they mailed off their college applications.  And this son of a factory worker just found out he’s going to college this fall.

Five years ago, we set out to change the odds for all our kids.  We worked with lenders to reform student loans, and today, more young people are earning college degrees than ever before.  Race to the Top, with the help of governors from both parties, has helped states raise expectations and performance.  Teachers and principals in schools from Tennessee to Washington, D.C. are making big strides in preparing students with skills for the new economy – problem solving, critical thinking, science, technology, engineering, and math.  Some of this change is hard.  It requires everything from more challenging curriculums and more demanding parents to better support for teachers and new ways to measure how well our kids think, not how well they can fill in a bubble on a test.  But it’s worth it – and it’s working. 

The problem is we’re still not reaching enough kids, and we’re not reaching them in time.  That has to change. 

Research shows that one of the best investments we can make in a child’s life is high-quality early education.  Last year, I asked this Congress to help states make high-quality pre-K available to every four year-old.  As a parent as well as a President, I repeat that request tonight. But in the meantime, thirty states have raised pre-k funding on their own.  They know we can’t wait.  So just as we worked with states to reform our schools, this year, we’ll invest in new partnerships with states and communities across the country in a race to the top for our youngest children.  And as Congress decides what it’s going to do, I’m going to pull together a coalition of elected officials, business leaders, and philanthropists willing to help more kids access the high-quality pre-K they need.

Last year, I also pledged to connect 99 percent of our students to high-speed broadband over the next four years.  Tonight, I can announce that with the support of the FCC and companies like Apple, Microsoft, Sprint, and Verizon, we’ve got a down payment to start connecting more than 15,000 schools and twenty million students over the next two years, without adding a dime to the deficit. 

We’re working to redesign high schools and partner them with colleges and employers that offer the real-world education and hands-on training that can lead directly to a job and career.  We’re shaking up our system of higher education to give parents more information, and colleges more incentives to offer better value, so that no middle-class kid is priced out of a college education.  We’re offering millions the opportunity to cap their monthly student loan payments to ten percent of their income, and I want to work with Congress to see how we can help even more Americans who feel trapped by student loan debt.  And I’m reaching out to some of America’s leading foundations and corporations on a new initiative to help more young men of color facing tough odds stay on track and reach their full potential.

The bottom line is, Michelle and I want every child to have the same chance this country gave us.  But we know our opportunity agenda won’t be complete – and too many young people entering the workforce today will see the American Dream as an empty promise – unless we do more to make sure our economy honors the dignity of work, and hard work pays off for every single American. 

Today, women make up about half our workforce.  But they still make 77 cents for every dollar a man earns.  That is wrong, and in 2014, it’s an embarrassment. A woman deserves equal pay for equal work.  She deserves to have a baby without sacrificing her job.  A mother deserves a day off to care for a sick child or sick parent without running into hardship – and you know what, a father does, too.  It’s time to do away with workplace policies that belong in a “Mad Men” episode.  This year, let’s all come together – Congress, the White House, and businesses from Wall Street to Main Street – to give every woman the opportunity she deserves.  Because I firmly believe when women succeed, America succeeds.

Now, women hold a majority of lower-wage jobs – but they’re not the only ones stifled by stagnant wages.  Americans understand that some people will earn more than others, and we don’t resent those who, by virtue of their efforts, achieve incredible success.  But Americans overwhelmingly agree that no one who works full time should ever have to raise a family in poverty.

In the year since I asked this Congress to raise the minimum wage, five states have passed laws to raise theirs.  Many businesses have done it on their own.  Nick Chute is here tonight with his boss, John Soranno.  John’s an owner of Punch Pizza in Minneapolis, and Nick helps make the dough.  Only now he makes more of it: John just gave his employees a raise, to ten bucks an hour – a decision that eased their financial stress and boosted their morale.

Tonight, I ask more of America’s business leaders to follow John’s lead and do what you can to raise your employees’ wages.  To every mayor, governor, and state legislator in America, I say, you don’t have to wait for Congress to act; Americans will support you if you take this on.  And as a chief executive, I intend to lead by example. Profitable corporations like Costco see higher wages as the smart way to boost productivity and reduce turnover. We should too.  In the coming weeks, I will issue an Executive Order requiring federal contractors to pay their federally-funded employees a fair wage of at least $10.10 an hour – because if you cook our troops’ meals or wash their dishes, you shouldn’t have to live in poverty.

Of course, to reach millions more, Congress needs to get on board. Today, the federal minimum wage is worth about twenty percent less than it was when Ronald Reagan first stood here.  Tom Harkin and George Miller have a bill to fix that by lifting the minimum wage to $10.10.  This will help families.  It will give businesses customers with more money to spend.  It doesn’t involve any new bureaucratic program.  So join the rest of the country.  Say yes.  Give America a raise.

There are other steps we can take to help families make ends meet, and few are more effective at reducing inequality and helping families pull themselves up through hard work than the Earned Income Tax Credit.  Right now, it helps about half of all parents at some point.  But I agree with Republicans like Senator Rubio that it doesn’t do enough for single workers who don’t have kids.  So let’s work together to strengthen the credit, reward work, and help more Americans get ahead.

Let’s do more to help Americans save for retirement. Today, most workers don’t have a pension.  A Social Security check often isn’t enough on its own.  And while the stock market has doubled over the last five years, that doesn’t help folks who don’t have 401ks.  That’s why, tomorrow, I will direct the Treasury to create a new way for working Americans to start their own retirement savings: MyRA. It’s a new savings bond that encourages folks to build a nest egg.  MyRA guarantees a decent return with no risk of losing what you put in.  And if this Congress wants to help, work with me to fix an upside-down tax code that gives big tax breaks to help the wealthy save, but does little to nothing for middle-class Americans.  Offer every American access to an automatic IRA on the job, so they can save at work just like everyone in this chamber can.  And since the most important investment many families make is their home, send me legislation that protects taxpayers from footing the bill for a housing crisis ever again, and keeps the dream of homeownership alive for future generations of Americans.

One last point on financial security.  For decades, few things exposed hard-working families to economic hardship more than a broken health care system.  And in case you haven’t heard, we’re in the process of fixing that.

A pre-existing condition used to mean that someone like Amanda Shelley, a physician assistant and single mom from Arizona, couldn’t get health insurance.  But on January 1st, she got covered.  On January 3rd, she felt a sharp pain.  On January 6th, she had emergency surgery.  Just one week earlier, Amanda said, that surgery would’ve meant bankruptcy.

That’s what health insurance reform is all about – the peace of mind that if misfortune strikes, you don’t have to lose everything. 

Already, because of the Affordable Care Act, more than three million Americans under age 26 have gained coverage under their parents’ plans.

More than nine million Americans have signed up for private health insurance or Medicaid coverage.

And here’s another number: zero.  Because of this law, no American can ever again be dropped or denied coverage for a preexisting condition like asthma, back pain, or cancer. No woman can ever be charged more just because she’s a woman.  And we did all this while adding years to Medicare’s finances, keeping Medicare premiums flat, and lowering prescription costs for millions of seniors.

Now, I don’t expect to convince my Republican friends on the merits of this law.  But I know that the American people aren’t interested in refighting old battles.  So again, if you have specific plans to cut costs, cover more people, and increase choice – tell America what you’d do differently.  Let’s see if the numbers add up.  But let’s not have another forty-something votes to repeal a law that’s already helping millions of Americans like Amanda.  The first forty were plenty.  We got it.  We all owe it to the American people to say what we’re for, not just what we’re against. 

And if you want to know the real impact this law is having, just talk to Governor Steve Beshear of Kentucky, who’s here tonight.  Kentucky’s not the most liberal part of the country, but he’s like a man possessed when it comes to covering his commonwealth’s families.  “They are our friends and neighbors,” he said.  “They are people we shop and go to church with…farmers out on the tractors…grocery clerks…they are people who go to work every morning praying they don’t get sick.  No one deserves to live that way.” 

Steve’s right.  That’s why, tonight, I ask every American who knows someone without health insurance to help them get covered by March 31st.  Moms, get on your kids to sign up.  Kids, call your mom and walk her through the application.  It will give her some peace of mind – plus, she’ll appreciate hearing from you. 

After all, that’s the spirit that has always moved this nation forward.  It’s the spirit of citizenship – the recognition that through hard work and responsibility, we can pursue our individual dreams, but still come together as one American family to make sure the next generation can pursue its dreams as well.

Citizenship means standing up for everyone’s right to vote.  Last year, part of the Voting Rights Act was weakened.  But conservative Republicans and liberal Democrats are working together to strengthen it; and the bipartisan commission I appointed last year has offered reforms so that no one has to wait more than a half hour to vote.  Let’s support these efforts.  It should be the power of our vote, not the size of our bank account, that drives our democracy.

Citizenship means standing up for the lives that gun violence steals from us each day.  I have seen the courage of parents, students, pastors, and police officers all over this country who say “we are not afraid,” and I intend to keep trying, with or without Congress, to help stop more tragedies from visiting innocent Americans in our movie theaters, shopping malls, or schools like Sandy Hook.

Citizenship demands a sense of common cause; participation in the hard work of self-government; an obligation to serve to our communities.  And I know this chamber agrees that few Americans give more to their country than our diplomats and the men and women of the United States Armed Forces.

Tonight, because of the extraordinary troops and civilians who risk and lay down their lives to keep us free, the United States is more secure.  When I took office, nearly 180,000 Americans were serving in Iraq and Afghanistan.  Today, all our troops are out of Iraq.  More than 60,000 of our troops have already come home from Afghanistan.  With Afghan forces now in the lead for their own security, our troops have moved to a support role. Together with our allies, we will complete our mission there by the end of this year, and America’s longest war will finally be over.

After 2014, we will support a unified Afghanistan as it takes responsibility for its own future.  If the Afghan government signs a security agreement that we have negotiated, a small force of Americans could remain in Afghanistan with NATO allies to carry out two narrow missions: training and assisting Afghan forces, and counterterrorism operations to pursue any remnants of al Qaeda.  For while our relationship with Afghanistan will change, one thing will not: our resolve that terrorists do not launch attacks against our country.

The fact is, that danger remains.  While we have put al Qaeda’s core leadership on a path to defeat, the threat has evolved, as al Qaeda affiliates and other extremists take root in different parts of the world. In Yemen, Somalia, Iraq, and Mali, we have to keep working with partners to disrupt and disable these networks. In Syria, we’ll support the opposition that rejects  the agenda of terrorist networks. Here at home, we’ll keep strengthening our defenses, and combat new threats like cyberattacks.  And as we reform our defense budget, we have to keep faith with our men and women in uniform, and invest in the capabilities they need to succeed in future missions.

We have to remain vigilant.  But I strongly believe our leadership and our security cannot depend on our military alone. As Commander-in-Chief, I have used force when needed to protect the American people, and I will never hesitate to do so as long as I hold this office.  But I will not send our troops into harm’s way unless it’s truly necessary; nor will I allow our sons and daughters to be mired in open-ended conflicts.  We must fight the battles that need to be fought, not those that terrorists prefer from us – large-scale deployments that drain our strength and may ultimately feed extremism.

So, even as we aggressively pursue terrorist networks – through more targeted efforts and by building the capacity of our foreign partners – America must move off a permanent war footing.  That’s why I’ve imposed prudent limits on the use of drones – for we will not be safer if people abroad believe we strike within their countries without regard for the consequence.  That’s why, working with this Congress, I will reform our surveillance programs – because the vital work of our intelligence community depends on public confidence, here and abroad, that the privacy of ordinary people is not being violated.  And with the Afghan war ending, this needs to be the year Congress lifts the remaining restrictions on detainee transfers and we close the prison at Guantanamo Bay – because we counter terrorism not just through intelligence and military action, but by remaining true to our Constitutional ideals, and setting an example for the rest of the world.

You see, in a world of complex threats, our security and leadership depends on all elements of our power – including strong and principled diplomacy.  American diplomacy has rallied more than fifty countries to prevent nuclear materials from falling into the wrong hands, and allowed us to reduce our own reliance on Cold War stockpiles.  American diplomacy, backed by the threat of force, is why Syria’s chemical weapons are being eliminated, and we will continue to work with the international community to usher in the future the Syrian people deserve – a future free of dictatorship, terror and fear. As we speak, American diplomacy is supporting Israelis and Palestinians as they engage in difficult but necessary talks to end the conflict there; to achieve dignity and an independent state for Palestinians, and lasting peace and security for the State of Israel – a Jewish state that knows America will always be at their side.

And it is American diplomacy, backed by pressure, that has halted the progress of Iran’s nuclear program – and rolled parts of that program back – for the very first time in a decade.  As we gather here tonight, Iran has begun to eliminate its stockpile of higher levels of enriched uranium.  It is not installing advanced centrifuges.  Unprecedented inspections help the world verify, every day, that Iran is not building a bomb.  And with our allies and partners, we’re engaged in negotiations to see if we can peacefully achieve a goal we all share: preventing Iran from obtaining a nuclear weapon.

These negotiations will be difficult.  They may not succeed.  We are clear-eyed about Iran’s support for terrorist organizations like Hezbollah, which threaten our allies; and the mistrust between our nations cannot be wished away.  But these negotiations do not rely on trust; any long-term deal we agree to must be based on verifiable action that convinces us and the international community that Iran is not building a nuclear bomb.  If John F. Kennedy and Ronald Reagan could negotiate with the Soviet Union, then surely a strong and confident America can negotiate with less powerful adversaries today.

The sanctions that we put in place helped make this opportunity possible.  But let me be clear: if this Congress sends me a new sanctions bill now that threatens to derail these talks, I will veto it.  For the sake of our national security, we must give diplomacy a chance to succeed.  If Iran’s leaders do not seize this opportunity, then I will be the first to call for more sanctions, and stand ready to exercise all options to make sure Iran does not build a nuclear weapon.  But if Iran’s leaders do seize the chance, then Iran could take an important step to rejoin the community of nations, and we will have resolved one of the leading security challenges of our time without the risks of war.

Finally, let’s remember that our leadership is defined not just by our defense against threats, but by the enormous opportunities to do good and promote understanding around the globe – to forge greater cooperation, to expand new markets, to free people from fear and want.  And no one is better positioned to take advantage of those opportunities than America. 

Our alliance with Europe remains the strongest the world has ever known.  From Tunisia to Burma, we’re supporting those who are willing to do the hard work of building democracy.  In Ukraine, we stand for the principle that all people have the right to express themselves freely and peacefully, and have a say in their country’s future.  Across Africa, we’re bringing together businesses and governments to double access to electricity and help end extreme poverty.  In the Americas, we are building new ties of commerce, but we’re also expanding cultural and educational exchanges among young people.  And we will continue to focus on the Asia-Pacific, where we support our allies, shape a future of greater security and prosperity, and extend a hand to those devastated by disaster – as we did in the Philippines, when our Marines and civilians rushed to aid those battered by a typhoon, and were greeted with words like, “We will never forget your kindness” and “God bless America!”

We do these things because they help promote our long-term security.  And we do them because we believe in the inherent dignity and equality of every human being, regardless of race or religion, creed or sexual orientation.  And next week, the world will see one expression of that commitment – when Team USA marches the red, white, and blue into the Olympic Stadium – and brings home the gold.

My fellow Americans, no other country in the world does what we do.  On every issue, the world turns to us, not simply because of the size of our economy or our military might – but because of the ideals we stand for, and the burdens we bear to advance them.

No one knows this better than those who serve in uniform.  As this time of war draws to a close, a new generation of heroes returns to civilian life.  We’ll keep slashing that backlog so our veterans receive the benefits they’ve earned, and our wounded warriors receive the health care – including the mental health care – that they need.  We’ll keep working to help all our veterans translate their skills and leadership into jobs here at home.  And we all continue to join forces to honor and support our remarkable military families.

Let me tell you about one of those families I’ve come to know.

I first met Cory Remsburg, a proud Army Ranger, at Omaha Beach on the 65th anniversary of D-Day.  Along with some of his fellow Rangers, he walked me through the program – a strong, impressive young man, with an easy manner, sharp as a tack.  We joked around, and took pictures, and I told him to stay in touch.

A few months later, on his tenth deployment, Cory was nearly killed by a massive roadside bomb in Afghanistan. His comrades found him in a canal, face down, underwater, shrapnel in his brain. 

For months, he lay in a coma.  The next time I met him, in the hospital, he couldn’t speak; he could barely move.  Over the years, he’s endured dozens of surgeries and procedures, and hours of grueling rehab every day. 

Even now, Cory is still blind in one eye.  He still struggles on his left side.  But slowly, steadily, with the support of caregivers like his dad Craig, and the community around him, Cory has grown stronger. Day by day, he’s learned to speak again and stand again and walk again – and he’s working toward the day when he can serve his country again. 

“My recovery has not been easy,” he says. “Nothing in life that’s worth anything is easy.” 

Cory is here tonight.  And like the Army he loves, like the America he serves, Sergeant First Class Cory Remsburg never gives up, and he does not quit. 

My fellow Americans, men and women like Cory remind us that America has never come easy.  Our freedom, our democracy, has never been easy.  Sometimes we stumble; we make mistakes; we get frustrated or discouraged.  But for more than two hundred years, we have put those things aside and placed our collective shoulder to the wheel of progress – to create and build and expand the possibilities of individual achievement; to free other nations from tyranny and fear; to promote justice, and fairness, and equality under the law, so that the words set to paper by our founders are made real for every citizen.  The America we want for our kids – a rising America where honest work is plentiful and communities are strong; where prosperity is widely shared and opportunity for all lets us go as far as our dreams and toil will take us – none of it is easy.  But if we work together; if we summon what is best in us, with our feet planted firmly in today but our eyes cast towards tomorrow – I know it’s within our reach. 

Believe it.

God bless you, and God bless the United States of America.
A major winter storm hit the South East United States.